Amit Sharma & ORS v. State ( NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2380/2018 AMIT SHARMA & ORS ..... Petitioners Through Mohd. Azharuddin and Mr. Akshay Singh, Advs.

Versus

STATE (NCT OF DELHI) & ANR ..... Respondents Through Ms. Aashaa Tiwari, APP with SI Om Prakash, P.S. D.B.G. Road Ms. Chanchal Sharma, Adv. with respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 13.08.2018 Respondent no.2-Ms. Sheetal is present in Court along with her counsel and accepts notice. She has been identified by SI Om Prakash of police station D.B.G. Road Respondent no.2 submits that she has settled the matter with the petitioner no. 1 of her own free will and without any undue force, pressure or coercion, vide a Settlement/Memorandum of Understanding dated 23rd December, 2016. Respondent no. 2 submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent

dated 12th February, 2018 passed by the Family Courts, West District, Tis Hazari Courts, Delhi. Petitioner no. 1 has paid `1,00,000/- to the respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `6,00,000/- stands paid with this payment and she has no objection in case FIR and consequent proceedings emanating therefrom are quashed against petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 9. Keeping in mind the settlement arrived at between the petitioners and respondent no. 2 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, FIR no. 139/2016 under Sections 498-A/406/34 IPC registered at Police Station D.B.G. Road and consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

AUGUST 13, 2018 r.bararia